Can we recover lost wages for my spouse who’s missing work due to crash injuries?: North Carolina

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Can we recover lost wages for my spouse who’s missing work due to crash injuries? - North Carolina

Short Answer

Yes. In North Carolina, the injured person can recover lost wages and lost earning capacity from the at-fault driver (and, if needed, through uninsured/underinsured motorist coverage) if the crash caused the missed work and the loss is proven with reasonable certainty. The non-injured spouse generally does not recover the injured spouse’s lost pay in their own name, but may have a separate loss-of-consortium claim. You will need medical documentation and employer wage proof.

Understanding the Problem

You want to know if, in North Carolina, you can recover your spouse’s lost wages when they can’t work after a crash. Here, your spouse was rear-ended by a drunk driver. The core issue is whether the law lets the injured person recover income they are missing now and possibly in the future because of crash-related injuries.

Apply the Law

Under North Carolina law, lost wages are part of the injured person’s compensatory damages in a personal injury claim. To recover them, you must show another party is legally responsible (negligence or intentional harm), the injuries caused time off work, and the amount of lost income is reasonably certain. Claims are typically pursued with the at-fault driver’s liability insurer and, if coverage is lacking, through your own uninsured/underinsured motorist coverage. Lawsuits are filed in the county’s District Court or Superior Court depending on the amount in dispute. Most personal injury claims must be filed within three years, but specific deadlines can vary by claim type.

Key Requirements

  • Liability: Show the other driver was at fault (for example, rear-end collision or intentional assault).
  • Causation: Connect the missed work to crash injuries with medical documentation (doctor’s note, work restrictions).
  • Reasonable certainty of amount: Prove earnings with pay stubs, employer letter, schedules, or tax returns (for self-employed).
  • Mitigation: Show reasonable efforts to work if medically cleared (light duty, reduced hours) or explain why you could not.
  • Coverage path: Present the claim to the at-fault insurer; use UM/UIM on your policy if the at-fault limits are unavailable or insufficient.

What the Statutes Say

Analysis

Apply the Rule to the Facts: A rear-end crash by a drunk driver supports liability. Your spouse’s back injury can justify wage loss if a clinician documents work restrictions; without treatment records, the insurer will likely dispute causation and amount. If the at-fault limits are inadequate or the insurer stays unresponsive, UM/UIM on your auto policy can be a backstop for wage loss. The non-injured spouse cannot claim the injured spouse’s paycheck directly, but may pursue loss of consortium separately.

Process & Timing

  1. Who files: The injured spouse (or their attorney). Where: Start with the at-fault insurer; if suit is needed, file with the Clerk of Superior Court in the county where the crash occurred or the defendant resides. What: Send a written demand with medical records/notes, employer wage verification, and pay history; if suing, file a Complaint with a Summons (AOC-CV-100) and Civil Action Cover Sheet (AOC-CV-751). When: Typically within three years of the crash; act sooner to preserve evidence.
  2. Investigation/valuation: Insurers commonly take several weeks to review records and verify wages; follow up in writing if there’s no response. County timelines and carrier practices vary.
  3. Resolution: Claim may settle with a release and payment; if not, the court will set a schedule leading to mediation and trial. A judgment can include proven past and future wage loss.

Exceptions & Pitfalls

  • Contributory negligence: If the injured person is even slightly at fault, recovery can be barred; liability facts matter.
  • No medical proof: Without treatment records and work restrictions, insurers often deny wage loss; consider providers who will treat and assert a lien so care isn’t delayed.
  • Self-employed income: Expect to provide tax returns, invoices, and calendars to show actual lost profits, not just gross receipts.
  • PTO and sick leave: You can usually claim the value of leave used because of the injury; document balances before/after.
  • Same insurer for both drivers: Separate adjusters may handle the claims, but it’s still adverse—be cautious with recorded statements and sign nothing without review.
  • Coverage coordination: Property total loss and gap insurance are separate from wage loss; pursue them in parallel but keep records distinct.

Conclusion

In North Carolina, the injured spouse can recover lost wages if you prove fault, connect the missed work to crash injuries with medical documentation, and show the amount with reasonable certainty. Start by presenting a documented wage-loss claim to the at-fault insurer, and use UM/UIM if needed. If the insurer stalls, file a Complaint and Summons with the Clerk of Superior Court before the three-year deadline.

Talk to a Personal Injury Attorney

If you’re dealing with wage loss after a crash and an unresponsive insurer, our firm has attorneys who can help you document the claim, navigate coverage, and protect deadlines. Reach out today.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

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